(1) Subject to subsection (2) of this section and notwithstanding any requirement under the declaration or bylaws or ORS § 94.550 to 94.783, in the discretion of the board of directors of the homeowners association, any notice, information or other written material required to be given to an owner or director under the declaration or bylaws or ORS § 94.550 to 94.783, that otherwise complies with the requirements of ORS § 94.550 to 94.783, may be given by electronic mail, facsimile or other form of electronic communication.

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(2) Notwithstanding subsection (1) of this section, electronic mail, facsimile or other form of electronic communication may not be used to give notice of:

(a) Failure to pay an assessment;

(b) Foreclosure of an association lien under ORS § 94.709; or

(c) An action the association may take against an owner.

(3) An owner or director may decline to receive or to continue to receive notice by electronic mail, facsimile or other form of electronic communication and may direct the board of directors to provide notice in the manner required under the declaration or bylaws or ORS § 94.550 to 94.783.

(4) Notice by electronic communication under this section is considered delivered and effective when it:

(a) Is initiated to an address, location or system designated by the recipient for that purpose; or

(b) Is posted on an electronic network and a separate record of the posting has been delivered to the recipient together with instructions regarding how to obtain access to the posting on the electronic network. [2007 c.409 § 4; 2021 c.40 § 5]